A Portion of the 2003 Medical Malpractice Changes is Not Retroactive

By SEO Admin on January 07, 2010

Journal of the Florida Justice Association-November/December 2009-No. 541-Not withstanding the legislatures expressed intent to the contrary, retroactive applications of part of the 2003 medical malpractice changes {766.118 (4, Fla. Stat.} limiting the liability of negligent practitioners providing emergency medical services and care to the plaintiff whose cause of action accrued before the effective date of the legislation can not be enforced because to do so would result in an unfair and impermissible impairment of the patients subsiditive and vested rights to justice. Case site is Raphael V. Shecter, 18 So. 3rd 11-52 (Fla. 4th DCA 2009).